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By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

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  • Overview

    This page gives an overview of our employment services for businesses. If you’re an individual looking for professional advice on employment law, please visit our for you page.

    Handling employment law issues can be a big distraction when you are trying to run a business. Get it wrong and it can tie up lots of management time as well as being very costly. But, when you get it right, it complements the business and keeps you running smoothly.

    So that’s our job as employment solicitors – to keep you running smoothly and if an occasional hiccough occurs – because life is like that – we’ll help you get through it with minimal disruption.

    We act for businesses in Kent, Sussex and beyond, of all shapes and sizes and in many different sectors. Our advice covers all aspects of the employment relationship, helping to settle disputes, defending employment tribunal claims and providing immigration compliance audits. You’ll see the full list below.

    The fact is that employment law has become much more complicated in recent years. So you can rest assured that we have a team with terrific expertise and experience across the full spectrum of work. What makes us stand out is the depth of the relationship which we will forge with you based on our unstinting commitment to understand the way you and your business operates. That way we design and tailor our service around your needs – not an off-the-shelf formula. You will experience our unrivalled speed of response, which is consistently praised by those we work with.

    So whether it’s dealing with employment tribunal claims or providing a telephone helpline service we’ve got all angles covered to provide commercially driven, strategic and practical advice, given with the energy and proactivity you expect from a trusted professional adviser.

    To give a flavour of our work here are some recent examples

    • Advising a national construction firm that was negotiating a public sector contract with a local council, we were able to advise comprehensively on all employment issues including the Local Government Pensions Scheme
    • Advising a group of current and former employees of a multi-national food distribution company who tried to move over £20 million worth of our client's business to a competitor, we successfully took proceedings against them
    • Advising a national insurance broker that had to close one of its sites, we took them through the process of consulting with its workforce
    • Advising a care home sector charity on strategies for cost reduction which involved changes to terms and conditions.
       

    Our employment services for businesses include:

    • Employment advice and support on all aspects of employment law
    • Employment audits of terms, conditions, policies and procedures
    • Annual fixed price advice and support telephone line
    • Employment Insurance protection
    • Defending employment tribunal claims
    • Collaborative and constructive resolution of employment and workplace disputes
    • A HR Responsive Consultancy Service
    • Immigration compliance audit services
    • Employment law and best practice training.

     

    For a discussion of your needs contact Alexander Millward on 01322 623707 or email him.

     

        

  • Related Client Stories

    Defending a national freight forwarder and logistic solutions provider when a terminated self-employed contractor claimed employee status

    The long standing contractor had always worked for our client on a self employed basis.  However after his engagement was terminated by our client, the contractor made an employment tribunal claim, arguing that he had employee status and was unfairly dismissed when his contract was terminated. 

    FORTEC Elektronik AG expands presence in the UK market

    Leading South East law firm, Thomson Snell & Passmore, have advised FORTEC Elektronik AG as it consolidates plans to further strengthen its position in the UK data visualization sector.

    Thomson Snell & Passmore advise a multi-academy trust in relation to vexatious complaints and claims made by the parents of a pupil

    Thomson Snell & Passmore advised an education trust in relation to a series of increasingly vexatious complaints and claims made by the parents of a pupil.

    Advising a client on protecting confidential information

    One of our clients, a London based professional services firm,  discovered that one of its advisers had been using our client’s confidential information and its systems to conduct business for some clients of the business “on the side” for his own gain.

    Providing detailed advice on technical TUPE issues and reaching a successful outcome

    Thomson Snell & Passmore were contacted by an agricultural sector client that had recently acquired a horticultural research charity. The insolvent organisation had historically taken on 92 Department for Environmental, Farming & Rural Affairs (DEFRA) employees via a TUPE transfer in 2004.

    Thomson Snell & Passmore assist in reaching a commercial settlement

    Nick Hobden was contacted by a disability charity. One of the client’s employees was dismissed following long term sickness absence.

    Advising an employer on handling a grievance from a longstanding employee

    London based academy school who needed advice on handling a grievance from a longstanding employee.

    Successfully advising a client regarding its managing director’s behaviour

    Thomson Snell & Passmore were instructed by a retail and wholesale business that needed advice regarding its managing director’s behaviour.

    Advising a headteacher on whether action taken so far could give rise to a claim of procedural fairness

    Nick Hobden was contacted by a headteacher of a specialist school when an employee (a speech and language therapist) did not return to work after the Christmas break. The employee gave notice and was signed off as sick by her GP for work-related stress for the duration of her notice period.

    Acting for an employer in response to claims for unfair dismissal and disability discrimination

    Thomson Snell & Passmore were instructed to assist a social care and welfare employer who was on the receiving end of an employment tribunal claim for unfair dismissal and disability discrimination.

    Assault at Multi Academy Trust leads to complaints from parents

    We acted for a Multi Academy Trust who has expertise in special educational needs, particularly on the autistic spectrum including Asperger’s. We advised the Trust in relation to a series of increasingly vexatious complaints and claims made by the parents of a pupil.

    Resolving pension issues in TUPE transfers

    Our client approached us following their acquisition of an insolvent organisation.

    Defending an employment tribunal claim for a care provider

    A longstanding client of the firm who is a major provider of care homes for elderly and vulnerable adults approached us after receiving an employment tribunal claim for unfair dismissal and disability discrimination.

    Helping an employer resolve a complicated case involving risk of disclosure of confidential information

    One of our client’s employees was found, after he handed in his notice, to have been using our client’s confidential information and its systems to conduct business for some clients of the business on side for his own gain.

    Acting for an employer in response to a religious discrimination claim

    An employee of our client unsuccessfully applied for a vacancy in January 2016, which would have been a promotion for him.  In response he, a long standing employee, raised a number of complaints alleging that over a number of years he and other employees had been denied a promotion and workplace opportunities because of religion.

    Aiding in a restructuring of senior management

    Our client, a subsidy of a pan-European company, needed to boost profitably. We conducted five managed terminations of senior staff whose performance at work was not conducive to the future success of the company.

    Acting for a multi-academy trust

    We aided our client in responding to a claim by a job applicant that their interview process was discriminatory.

    Acting for a large charity

    We have aided a leading charity in restructuring their HR and finance departments, alongside streamlining their operation as a whole to meet the challenges they face.

    Acting for Pure Asphalt Company Ltd

    The client, one of the leading mastic asphalt manufactures in the UK, contacted us in relation to a disgruntled senior manager who, through his solicitor, raised a meritless grievance accompanied by an invitation for the client to pay him to leave his employment.  In addition to this, he went off sick with stress.

    Acting for North Kent College in defending an employee’s claim of discrimination

    North Kent College provides education to 4,500 students across two main campuses in Dartford and Gravesend. Our employment team has acted for them and advised them on various employment matters.

    Thomson Snell & Passmore successfully defends care home provider

    Our client, Avante Care & Support Limited, are a major regional provider of care homes for elderly and vulnerable adults.

    Rural Age Concern Darent Valley

    Rural Age Concern Darent Valley (the Charity) is an independent charity providing services for the elderly and disabled people in the southern parishes of Dartford Borough Council and Northern Parishes of Sevenoaks District Council.  They work closely with other groups, based in Kent, as well as local, regional and national agencies to represent the interests of the elderly and disabled on various committees and forums.

    Fleetdown Community Centre

    Fleetdown Community Centre (Fleetdown) is a charity run by a committee of volunteers from members of the local community.

    Acting for a large salad and cereals producer

    Our employment team have been acting for a large salad and cereals producer since February 2015.

    Acting for a leading sandwich manufacturer and distributor

    Our employment team have been acting for a leading sandwich manufacturer and distributor since December 2014.

    When is it appropriate to settle an employment tribunal claim?

    There are times when an employer needs to, and should, take a stand when facing a claim in the employment tribunal and there are times when it makes commercial sense to settle.

    Turning a negative employment situation into something positive

    Our employment team represented a senior director in relation to the abrupt termination of his employment, successfully assisting him in obtaining funding for High Court proceedings and negotiating a six figure compensation package for him.

    Defending employment tribunal proceedings for unfair dismissal

    There are times when an employer needs to take a stand which is exactly what Berry Gardens Limited the UK's largest berry supplier, with an annual turnover of £193 million did in respect of defending unfair dismissal proceedings issued against it by a former employee which it felt was a ‘try on’.

    Winning an employment tribunal claim – a senior executive’s success story

    The employment team recently represented a senior executive against his former employers and assisted him in winning his claim for constructive unfair dismissal and breach of contract in the employment tribunal.

    Striking out frivolous employment tribunal claims and recovering costs

    Crowhurst Park, a holiday and leisure park on the outskirts of the historic town of Battle in East Sussex which lets luxury pine lodges and holiday homes on its 120 acre country estate, successfully got claims for constructive unfair dismissal struck out and costs awarded against the employees.

    Procter Consultancy Limited

    This case study demonstrates the expertise of our Corporate, Commercial, and Employment teams who together advised the shareholders of Proctor Consultancy Limited on the acquisition of Procter by Imparta Limited. The case study is an example of how we can work closely with a client to achieve the intended result, however complex the transaction and however short the timetable is.

    Protecting confidential information

    Dole Fresh (UK) Limited, a large producer, distributor and seller of fresh fruit and vegetables, successfully defended a direct attack to its business by taking High Court injunctive relief action to protect it and recover its confidential information.

    Dismissing a difficult and obstructive employee

    The conduct of an employee in certain circumstances can result in the irretrievable breakdown of the working relationship entitling an employer to terminate the contract of employment.

  • Latest Updates

    Workplace Law - June 2019

    Welcome to the June edition of workplace law.

    Workplace Law - May 2019

    In this edition, we review the rise of disability discrimination claims, the effect that menopause is having on women at work, the potential claims of discrimination from vegans, shared parental leave and the work/life balance.

    Work-life balance

    The UK has the longest working week in Europe but before we pat ourselves on the back too much for being such dedicated workers, there is evidence to suggest we are not working as productively as our European counterparts. 

    Shared Parental Leave and discrimination

    The Court of Appeal has handed down its judgment in two joined cases which concerned whether it was discriminatory to pay men on shared parental leave less than women on enhanced maternity pay terms.

    Why is there so much beef with vegans?

    It might be hard to swallow but veganism is on the rise, globally.

    Putting a Menopause on work

    Menopause can be a challenging time and bring with it unexpected changes to the body that affect an individual’s daily life. 

    Disability discrimination claims are on the rise

    Research indicates that disability discrimination claims being heard by the Tribunals increased by 37% from 2017 to 2018. This may well be because of the abolition of Tribunal fees, but another strong contender is that stress-induced mental health issues are on the rise. This comes as with the increasing readiness of employees to allege that mental health issues amount to disabilities. There is also an increasing awareness of mental health issues and a tendency to hold employers responsible for these.

    Holiday pay must include regular voluntary overtime

    The Court of Appeal has handed down a judgement in the case of East of England Ambulance Service NHS Trust v Flowers which concerned whether pay for voluntary overtime should be included in holiday pay.

    Campaign launched to improve job security

    The Living Wage Foundation has recently launched Living Hours which is a new campaign aimed at FTSE100 employers and has been designed to improve job security for zero hour contract workers.

    Businesses encouraged to join the #WorkWithMe pledge

    There are one million disabled people in the UK who would like to work, but are not given the opportunity by many businesses. YouGov, a global public opinion and data company, recently conducted research focusing on HR decision-makers, which revealed that many businesses are contributing to a disability employment crisis due to outdated beliefs and an unwillingness to tackle the issue

    Workplace Law - April 2019

    Welcome to the April edition of workplace law.  This time we look at women’s progression in the workplace, the ethnicity pay gap, Brexit travel, National Minimum Wage enforcement and stress at work.

    Stress at work

    Stress is, arguably, inherent in work and is a nationwide issue.  A recent report by the Chartered Institute of Personnel and Development (CIPD) found that 37% of the 1,078 professionals interviewed had noticed a rise in stress-related absences over the past year. 

    National minimum wage enforcement

    There are various levels of national minimum wage (NMW) and national living wage (NLW) depending on an individual’s age. 

    Only 5% of employers have analysed their ethnicity pay gap

    New research suggests that only a small fraction of UK businesses have conducted any analysis of their ethnicity pay gap with legal restrictions and GDPR compliance being the main factors restricting them from doing so.

    Women's progression in the workplace

    The Government Equalities Office has recently issued new guidance for employers on actions they can take to support women’s progress in the workplace.  It is hoped that this will help to close the gender pay gap and increase gender equality in the workplace.

    UK named among least ‘family-friendly’ countries in new study

    The UK has been ranked as one of the least family-friendly among the world’s richest countries; a new study by the UN’s children’s charity has shown.

    Workplace Law - March 2019

    Welcome to another edition of Workplace Law! In this edition, we look at the continuing increase in tribunal awards and statutory payments, the lack of awareness for holiday pay, mental health in the construction sector and suspension of employees.

    When can an employer suspend an employee without breaching the implied term of trust and confidence?

    In a case featuring London Borough of Lambeth, the Court of Appeal grappled with this question when Mrs Agoreyo, a primary school was suspended after two teaching assistants accused her of using excessive force against two young pupils with special educational needs.

    Holiday pay awareness

    We all recall the Taylor Review, published in July 2017, which looked at the labour market and provided a number of recommendations for workplace reform, addressing the status issues for atypical workers in the gig economy and agency workers.  

    Tribunal awards and statutory payments to increase

    It is coming to that time of year again when both the tribunal awards and statutory payments are reconsidered and usually increased in line with the Retail Prices Index.

    Workplace Law - February 2019

    Welcome to another edition of Workplace Law! In this edition, we look at ACAS’ updated guidance on age discrimination, the recent Ladbrokes redundancy selection criteria case and the gender pay gap.

    How can my organisation explain its gender pay gap?

    Organisations with a headcount of 250 or more employees on the ‘snapshot date’ of 5 April 2018 are required to publish gender pay gap reports by 4 April 2019 at the latest.

    Ladbrokes out of luck on their proposed redundancy criteria

    Not only do some of their customers experience bad luck, but it appears that Bookmaker Ladbrokes Coral have had their fair share of misfortune this month.

    ACAS’ updated guidance on age discrimination

    Age is one of the nine protected characteristics under the Equality Act 2010 (EQA 2010).  Under the EQA 2010, discrimination, i.e. the treatment of someone unfairly because of a protected characteristic, is discriminatory and therefore against the law.  

    Workplace Law - January 2019

    Welcome to the first edition of Workplace Law 2019! In this edition we look at the updates on the Government’s Good Work Plan, the gig-economy Uber case, and the ICO’s no-deal Brexit data protection advice.

    Welcome to Eleanor Hobbs

    A warm welcome to Eleanor Hobbs who started with Thomson Snell & Passmore at the beginning of this year. Eleanor joins us from Hailsham Chambers and is working closely with the employment team and through her apprenticeship course with the Chartered Institute of Legal Executives.

    ICO reiterates data protection advice in the case of a no-deal Brexit

    The Information Commissioner’s Office has provided six practical steps for companies, including employers, to take in order to prepare for a ‘no-deal’ Brexit situation.

    Uber drivers are “workers”, and are entitled to minimum wage, annual leave and unlawful deduction protection

    The Uber case was one of the first and arguably the most high-profile Gig Economy cases that contested whether the individual Uber driver was self-employed or a worker. 

    The Government’s Good Work Plan

    Move over 2019, we’re already looking at April 2020! In December 2018, the widely-anticipated Good Work Plan was published, outlining the “Government’s vision for the future of the UK labour market”.   

    Workplace Law - December 2018

    Welcome to a festive edition of Workplace Law, in the articles that follow we look at GDPR and the risks of allowing employees to access work emails from personal devices, Collaborative Employment Law and our Christmas wish.

    All I want for Christmas is EU (withdrawal clarity)

    In a November Workplace Law article we highlighted the continued uncertainty of the position of the three-to-four million EU nationals residing in the UK, and the employers that employ them, in the event of a no-deal Brexit. 

    Collaborative Employment Law: make it your New Year’s Resolution…

    The Employment Tribunal national user group has published the minutes of its most recent summit, we feel they highlight the necessity for businesses to look for new and innovative means to approaching disputes in the workplace 

    General Data Protection Regulations (GDPR)

    Is it a coincidence that X-mas and GDPR both have four letters in them? We think not, and so here is a festive update on GDPR. This is our present from us to you, you’re welcome

    Workplace Law - November 2018

    Welcome to another edition of Workplace Law, in these articles we look at the employment tribunal fees, EU workers rights on a no-deal Brexit and the research conducted by ACAS on sexual harassment.

    ACAS research - Sexual Harassment

    In 2016, the Trades Union Congress (TUC) found that 52% of all women polled in their ‘Still just a bit of banter?’ report had experienced some form of sexual harassment.

    EU workers’ right to work in the UK on a no-deal Brexit

    The deadline of the 29 March 2019 for Brexit creeps ever closer and on a daily basis, we can all speculate whether we are heading for a “no-deal” Brexit.  

    Employment tribunal fees

    It has been a little over a year since the employment tribunal fees were abolished following the Supreme Court judgment, which heavily criticised the fees and decided that they were unlawful.

    How to sell a business, part 5 of 10: Managing employment issues

    Dealing with staff issues when selling your business can be one of the most challenging aspects of a corporate transaction. Managing employees before the sale and preparing them for life after can take up a large amount of a seller’s time.

    Workplace Law - October 2018

    Don’t be tricked by recent updates on employment law, let us treat you with updates on the scary Data Protection fines, parental bereavement and frightening vicarious liability. Happy Halloween!

    Welcome

    A belated welcome to William Chrusciel who has started as a Trainee Solicitor with Thomson Snell & Passmore in September.  This is his first seat but already William has assisted with a number of the workplace law articles and is working closely with the employment team.

    Vicarious liability

    There has been a recent string of vicarious liability cases seemingly increasing the remit for which an employer will be found to be vicariously liable for the actions of its employees.  The case of Bellman v Northampton Recruitment Limited is another one of these cases.  

    Parental Bereavement – new right to 2 weeks’ leave expected in 2020

    The Parental Bereavement Leave and Pay Bill has recently received Royal Assent, and is expected to come into force in April 2020.

    Bridging the Gap – recent developments in Gender Pay Gap Reporting

    In April 2017, Gender Pay Gap Reporting (inconveniently dubbed GPGR, and not to be confused with GDPR) required all business entities with 250 or more employees to publish an annual gender pay gap report. 

    Workplace Law - September 2018

    In this edition of Workplace Law we look at the new guidance on employment references, the call for a four day week and some tribunal statistics.   

    Call for a four day week

    We’re not one for causing controversy but we couldn’t let this one just pass us by!

    Tribunal statistics

    It’s that time again; the Government has published the latest batch of tribunal statistics detailing claims from April to June 2018. 

    ACAS launches new guidance on employment references

    The Advisory, Conciliation and Arbitration Service (ACAS) have produced new guidance on providing references in an effort to assist employers when providing references for departing personnel.

    Holiday pay

    In recent years there have been numerous high profile cases about what items of remuneration should be included in holiday pay calculations.

    Workplace Law - August 2018

    In this edition of Workplace Law we look at holiday pay calculations and the recent gender pay gap reporting. 

    For your business - October 2018

    As a firm, we take pride in being a constant in a changing world. We hope this collection of articles will be helpful and provide food for thought on a number of topics. 

    Workplace Law - July 2018

    We are really heating up this edition of Workplace Law as we take a look at the recent heatwave and the government’s recent list of employers failing to pay the National Minimum/Living Wage.

    Naming and shaming of employers failing to pay the National Minimum/Living Wage

    The saying goes “another day, another dollar”. 

    Some like it hot

    Summer has officially arrived and with it comes a heatwave.  With some parts of the country reaching a scorching 30 degrees there are a number of heatwave warnings in place.  

    Minimum wage and sleep in shifts

    The Court of Appeal has today ruled that care providers do not have to pay workers the minimum wage throughout ‘sleep-in shifts’.  

    Workplace Law - June 2018

    Welcome to another edition of Workplace Law. In this edition, we consider how you can survive the World Cup and the recent Supreme Court case involving Pimlico Plumbers.

    Pimlico plumbers

    By way of a very brief re-cap to this long running worker status case, Mr Gary Smith commenced work for Pimlico Plumbers in August 2005 and worked solely for them until he was released from service on 3 May 2011.  During this time Pimlico Plumbers gave him a contract that labelled him as an independent contractor.

    The World Cup 2018

    Football fever has once again gripped the world with the advent of the World Cup – Russia 2018

    Thank you

    We wanted to say a big thank you and goodbye to Susanna Rynehart.    

    Shared parental leave

    Shared parental leave has had a very low uptake on a national scale.

    ACAS time limits are sequential

    Whenever you are faced with an actual or potential employment tribunal claim, the first thing to look at is whether the claimant will/has lodged their claim within the limitation period for the specific claim(s).

    Article for people management re unpaid internships

    Internships are an increasingly common route into work, particularly for young graduates. In April, the Institute for Public Policy Research published research suggesting that the number of internships has doubled since 2010. Of these internships, they estimate that one in five is unpaid. 

    Motorline takes over Hyundai digital stores

    Leading South East law firm, Thomson Snell & Passmore, have assisted the Motorline Group in taking over the full operation of the Hyundai digital stores in Bluewater and Westfield Stratford from Rockar. Motorline have also taken over the Hyundai Aftersales Centre in Dartford.

    Payslips

    The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) Order 2018 was laid before Parliament on the 8 February 2018.

    The Good Work Report – now we have the Plan!

    Snow - what to do

    It’s the end of February and across the country we are in the grips of amber and yellow weather warnings due to SNOW! We thought it would be helpful to provide you with a reminder on how best to deal with staffing issues when there are adverse weather conditions which might prevent staff from getting to work.

    Overtime and holiday pay

    The transport and logistics sector relies upon having a flexible workforce, and the ability to require employees to work overtime is key to ensuring that customer demand is met.

    Workplace Law - January 2018

    Happy New Year and welcome to another edition of Workplace Law.  In this edition, we consider rogue employees when it comes to data breaches, covert cameras and the increase in tribunal fees.

    Employment Tribunal statistics

    We are certain that you’ve never read a more enticing heading.  

    Covert cameras and fingers in the till

    Surveillance at work is a tricky issue. Employers need to protect their business and property, including against the risk of unscrupulous employees. The difficulty arises where this practical necessity comes up against data protection law and human rights.

    Rogue employees: data breaches

    With the deadline for compliance with the General Data Protection Regulation fast approaching on 25 May 2018, data protection is on many employers’ minds, but perhaps none more so than Morrisons.

    Workplace Law - December 2017

    We have a look at the future of the Fit for Work scheme, unlimited roll over of unpaid holiday and how softening the blow of dismissal can make life harder for employers. We wish all of our readers a very Merry Christmas and a peaceful New Year.

    How softening the blow could make life harder for employers

    Dealing with performance issues can be awkward and it can often be easier to put it off and hope that the matter will resolve itself. Many choose to ‘soften the blow’ by giving reasons that do not reflect badly on the employee, like redundancy or reorganisation, what could be wrong with that? That way we can all avoid that awkward conversation that the employee is not meeting the requirements but still achieve the ultimate goal of removing the employee. Yes, that sounds good! Wrong.

    Unpaid holiday, unlimited roll over

    A recent European Court of Justice case has found that where workers are not paid for annual leave, their annual leave entitlement will roll over indefinitely. At the end of their employment, they are then entitled to payment in lieu of their accrued entitlement, apparently without limitation.

    Fit for Work out, what’s coming in?

    The government has recently announced that it is scrapping the Fit for Work scheme in England and Wales from 31 March 2018, citing low uptake for the GP-led occupational health programme. When surveyed, two thirds of GPs had not referred anyone to under the scheme in the last year, and of those who had, 40% had no successful returns to work.

    Workplace Law - November 2017

    In the wake of a number of high profile allegations of sexual harassment we consider how to deal with sexual harassment in the workplace in this month’s Workplace Law. We also consider on going case law developments in respect of employment status and the risk assessment you need to perform for women who want to breastfeed at work.

    Breastfeeding at work – Risk assessments

    The obligations on employers to carry out risk assessments in relation to new and expectant mothers are well-established. Where working conditions might put new or expectant mothers or their babies at risk, employers must carry out a risk assessment.

    Employment Appeal Tribunal upholds the ruling that Uber drivers are workers

    Just over a year ago two drivers brought an action against Uber in the Employment Tribunal (ET) arguing that they should be treated as employees. The ET concluded that Uber drivers were not employees but that they were workers as a result of which they were entitled to be paid the minimum wage, receive paid statutory holiday and be paid statutory sick pay.

    FAQ: Frequently asked questions from across the practice

    Every month we answer frequently asked questions from across the practice and bring them together to help bring clarity to your legal needs. Each of the sections below lead off to a more comprehensive bank of information.

    The benefits of promoting positive mental health in the workplace

    The management of mental health in the workplace has been hitting headlines in recent months. In October, the Thriving at Work report, commissioned by Prime Minister Theresa May, found that up to 300,000 people with long-term mental health problems have to leave their jobs each year, with poor mental health costing the UK economy up to £99billion annually.

    Government announces Social Care Compliance Scheme for underpaid sleep-in shifts

    The government has announced a new Social Care Compliance Scheme (SCCS) to help care providers who have underpaid workers carrying out sleep-in shifts in the past.

    Workplace Law - October 2017

    The workplace as we know is ever evolving so make sure you are up to date with the latest issues in the workplace by reading this edition where we consider the ECJ ruling on discrimination for Greek police, previous incidents at work being considered in a misconduct dismissal and the taxation position of termination payments from April 2018.

    Segregation in School - The Al-Hijrah case

    The Court of Appeal has found that segregation of pupils by sex at an Islamic faith school in Birmingham was directly discriminatory.

    Tattoos - the last Taboo?

    Love them or hate them, tattoos are popular and more and more people have them. From Judi Dench to Harry Styles, an increasing amount of people are choosing to decorate their bodies with ink.

    Caught on Facebook - Monitoring workers' digital communications

    Last year, in Barbulescu v Romania, the European Court of Human Rights decided that employers were able to monitor their workers’ emails where there was a good reason for doing so. Now, in a surprising turn of events, that decision has been reversed on appeal.

    Has the fog cleared on vaping at work?

    E-cigarettes have not been around long but you can find an E-cigarette shop in almost every high street or shopping centre and it is estimated that there are circa 2.8 million E-cigarette users in the UK.

    Why is the take up of shared parental leave so low?

    The conciliatory service ACAS recently published a report focused on workplace attitudes towards supporting parents who take extended leave to care for children. The report, Flexible Working for Parents Returning to Work – Maintaining career development, confirms that while there’s been a big push for employers to encourage women to feel comfortable taking maternity leave without losing their status in the workplace, the same can not be said for their male counterparts.

    Workplace Law - September 2017

    The workplace as we know is ever evolving so make sure you are up to date with the latest issues in the workplace by reading this edition where we consider vaping at work, monitoring employees and the tattoo taboo..

    Huge hike in compensation payments for hurt and upset employees

    With effect from the 11 September 2017 there will be a very significant rise in compensation awards for injury to feelings or psychiatric injury in discrimination cases.

    Significant court case continues

    On 26 July 2017, the UK Supreme Court ruled that the employment tribunal fees regime, introduced in 2013, was unlawful. The government had already undertaken that if it lost the case it would refund the fees paid over the last four years.

    Workplace Law - August 2017

    There is lots of information in our August edition of Workplace Law, we have split it into three sections. These include: Voluntary overtime - we talk about a new ruling which will be welcomed by employers who are paid overtime. Statutory payments - employers need to alter how they have been calculating various statutory payments. Injuries to feelings in the workplace - a recent case (De Souza v Vinci Construction) resolved questions as to whether civil courts can now apply injuries to feelings.

    Proposal for paid time off for grieving parents

    Just before Parliament broke up for its summer break, the Parental Bereavement (Pay and Leave) Bill was introduced into the House.  The bill proposes that employed parents who have lost a child will, for the first time, get statutory paid leave to grieve.

    We have all been calculating statutory payments incorrectly

    Whilst this decision cannot compete with the recent employment tribunal fees ruling in terms of consequences for employers, it does go against over 20 years of established practice and will come as a shock to most employers.

    Another case shows the limits of TUPE obligations in re-contracting situations

    A recent case involving an NHS trust has demonstrated that, for a group of employees to transfer to a new contractor under TUPE, it is essential that they are organised for the principle purpose of carrying out the end client’s particular work.

    Breathing Space For Social Care As HMRC Stops Pursuit Of Fines For Minimum Wage Failures

    Newsflash - Holiday pay and voluntary overtime

    Employees who regularly work voluntary overtime should have these payments included when calculating their holiday pay, following a landmark decision on overtime and holiday pay at the Employment Appeal Tribunal (EAT) last week, in the case of Dudley Metropolitan Borough Council v Willetts.

    Workplace Law - July 2017

    In our July edition of Workplace Law we have prepared a summary of the key points raised in the Taylor Review on Modern Working Practices. The Good Work Report makes a series of recommendations some of which if implemented into legislation then will have far reaching consequences for employers and the employment relationship. Please therefore take some time to read this month’s edition.

    Newsflash – Supreme Court abolished employment tribunal fees

    In a ground-breaking decision handed down this morning the Supreme Court ruled that employment tribunal fees are unlawful, prevent people having access to justice and the fee regime will be abolished with immediate effect from today.

    Tupe is not a case of majority rules

    Any business that has experience of outsourcing, re-contracting or bidding for contracts will have heard of the TUPE regulations.

    What is the future of the gig economy?

    Think about the workplace twenty years ago, and you’re likely to conjure a very different image from what we see today. Everything we do is quicker, more dynamic and revolves around flexibility. This includes the way we look at employment.

    National minimum wage for workers on sleep-in shifts

    The recent case of Focus Care Agency Ltd v Mr B Roberts had the Employment Appeal Tribunal (EAT) considering whether those working “sleep-in” shifts were entitled to the National Minimum Wage (NMW) for just the time they were awake or the whole of their shift, even when they were asleep.  

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